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Lieutenant-colonel Gubbins, to effect that object, which he accomplished, with 100 sailors, under Captain Money, of the royal navy.

When these divisions had gained their proper position, Colonel Thornton deployed the column composed of two divisions of the 85th regiment, under Major Deshon, and about 100 men of the royal marines, under Major Adair, and moved forward in line, to the attack of the centre of the entrenchment.

At first the enemy, confident in his own security, shewed a good countenance, and kept up a heavy fire; but the determination of the troops to overcome all difficulties, compelled him to a rapid and disorderly flight, leaving in their possession his redoubts, batteries, and position, with sixteen pieces of ordnance, and the colours of the New Orleans regiment of militia.

On learning the success of Colonel Thornton's attack, General Lambert sent an artillery officer over the river to examine whether the post was tenable; and upon being told that it would require 2,000 men to keep it, he was induced to order it to be relinquished. Such was the unfortunate termination of an enterprise which appears to have been undertaken with more courage than judgment. The loss on this day was very serious, including that of the general-in-chief killed, General Gibbs wounded so severely as to die on the next day, General Keane wounded, one lieutenant-colonel killed, and eight wounded; and of the rest, officers and men, about 2,000 killed, wounded, and prisoners. The final result was, that the whole army was re-embarked, leaving a few of the most dangerously wounded, and carrying off its field-artillery, ammunition, and stores.

On the 15th of January, a British squadron, consisting of the Majestic, Captain Hayes, and three frigates, being stationed off the coast of New York, in order to prevent the escape of the American frigate, President, Commodore De catur, and other vessels, from Stater Island, described the President attempting to get to sea, and commenced a general chase.

In the course of the day, the chace became extremely interesting by the endeavours of the ene my to escape, and the exertions of the captains to get their respective ships alongside of him, the former by cutting away his anchors, and throwing overboard every moveable article, with a great quantity of provisions, and the latter by trimming their ships in every way possible to effect their purpose. As the day advanced, the wind declined, which enabled Captain Hope, of the Endymion, to get his ship alongside of the enemy, and commence close action at half-an-hour past five o'clock in the evening, which was continued with great gallantry and spirit on both sides, for two hours and a-half, when the Endymion's sails

CHAP. XI.

Captain Hope taking this opportunity to bend BOOK XIII? new sails to enable him to get his ship alongside again, the action ceased, till the Pomone getting up at half-past eleven at night, and firing a few shots, the enemy hailed to say she had already surrendered.

The ship, on being taken possession of, proved to be the President, as above stated, commanded by Commodore Decatur.

The vessel in company with her was the Macedonian brig, a merchant ship laden with provisions, which made her escape by very superior sailing.

The loss of the President in this action was much greater than the Endymion's; and she had six feet water in the hold when taken possession of. Both ships were very much cut in masts and rigging.

The President was a frigate of the largest rate, and had on-board about 490 persons.

After the failure at New Orleans, it was agreed between Admiral Cochrane and General Lambert that operations should be carried towards Mobile. The entrance into its bay being so well guarded by Fort Bowyer, that it was determined to send a force against it; and from the information received, a brigade was thought sufficient for this object, with a respectable force of artillery. General Lambert ordered the second brigade, composed of the 4th, 21st, and 44th regiments, for this service, together with such means in the engineer and artillery department as the chief and commanding officer of the royal artillery might think expedient. The remainder of the force had orders to disembark on Isle Dauphine, and encamp; and Major-general Keane superintended this arrangement.

The wind being favorable on the 7th of February, for landing to the eastward of Mobile Point, the ships destined to move on that service sailed under the command of Captain Ricketts, of the Vengeur, but did not arrive in sufficient time that evening to do more than determine the place of disembarkation, which was about three miles from Fort Bowyer.

At day-light the next morning the troops got into the boats, and 600 men were landed, under Lieutenant-colonel Debbeig, of the 44th, without opposition, who immediately threw out the light companies, under Lieutenant Bennet, of the 4th regiment, to cover the landing of the brigade. Upon the whole being disembarked, a disposition was made to move on towards the fort, covered by the light companies. The enemy was not seen until about 1,200 yards in front of their work: they gradually fell back, and no firing took place, until the whole had retired into the fort, and the advance had pushed on nearly to within 300 yards. General Lambert, having re

1815.

CHAP. XI. 1815.

BOOK XIII. Burgoyne and Dickson, they were decidedly of opinion, that the work was only formidable against an assault; that batteries being once established, it must speedily fall.-Every exertion was made by the navy to land provisions, and the necessary equipment of a battering-train, and engineers' stores. Ground was broke on the night of the 8th, and a firing party advanced to within 100 yards of the fort during the night. The position of the batteries being decided upon the next day, they were ready to receive their guns on the night of the 10th, and on the morning of the 11th the fire of a battery of four eighteen-pounders on the left, and two eight-inch howitzers on the right, each at about 100 yards distance; two six-pound ers at about 300 yards, and eight small cohorns advantageously placed on the right, with intervals between 100 and 200 yards, all furnished to keep up an incessant fire for two days, were prepared to open. Preparatory to commencing, General Lambert summoned the fort, allowing the commanding-officer half-an-hour for his decision upon such terms as were proposed.

The American commander seeing the impossibility of effecting any good by further resistance, agreed to surrender, upon the terms proposed to him by General Lambert; and, on the following day, the garrison, consisting of about 366 soldiers, marched out and grounded their arms, and were embarked on-board the ships of the squadron. The fort was found to be in a complete state of repair, having twenty-two guns mounted, and being amply provided with ammunition.

This was the concluding operation of the war. Peace was signed at Ghent, by the American and British commissioners, on the 24th of December, 1814, and ratified by the President and senate of the United States, on the 17th of February. The articles of this treaty are as follows:

Art. I." There shall be a firm and universal peace between his Britannic Majesty and the United States and between their respective countries, territories, cities, towns, and people, of every degree, without exception of places or persons. All hostilities both by sea and land shall cease as soon as this treaty shall have been ratified by both parties as herein-after mentioned. All territory, places, and possessions whatsoever, taken by either party during the war, or which may be taken after the signing of this treaty, excepting only the islands here-after mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other public property, originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which in the course of the war may have

fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored, and delivered to the proper authorities and persons to whom they respectively belong. "Such of the islands in the Bay of Passamaquoddy as are claimed by both parties shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made, in conformity with the fourth article of this treaty.

"No disposition made by this treaty, as to such possession of the islands and territories claimed by both parties, shall in any manner whatever be construed to effect the right of either.

Art. II." Immediately after the ratifications of this treaty by both parties, as herein-after mentioned, orders shall be sent to the armies, squadrons, officers, subjects, and citizens of the two powers, to cease from all hostilities. And to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is reciprocally agreed, that all vessels and effects which may be taken after the space of twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of twenty-three degrees north, to the latitude of fifty degrees north, and as far eastward in the Atlantic Ocean as the thirty-sixth degree of west longitude from the meridian of Greenwich, sball be restored on each side: that the time shall be thirty days in all other parts of the Atlantic Ocean north of the equinoctial line or equator, and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the WestIndies: forty days for the North Seas, for the Baltic, and for all parts of the Mediterranean: sixty days for the Atlantic Ocean, south of the equator, as far as the latitude of the Cape of Good Hope; ninety days for every other part of the world south of the equator, and 120 days for all other parts of the world without exception.

Art. III." All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratification of this treaty as herein-after mentioned, on their paying the debts which they may have contracted during their captivity. The two contracting par ties respectively engage to discharge in specie the advances which may have been made by the other for the sustenance and maintenance of such prisoners.

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Art. IV. Whereas it was stipulated by the second article in the Treaty of Peace of 1783 between his Britannic Majesty and the United States of America, that the boundary of the United States should comprehend "all islands within twenty leagues of any part of the shores of

the United States, and lying between lines to be drawn due-east from the points where the aforesaid boundaries between Nova Scotia on the one and East Florida on the other, shall respecpart, tively touch the Bay of Fundy and the Atlantic Ocean, excepting such islands as now are, or heretofore have been, within the limits of Nova Scotia ;" and whereas the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the island of Grand Menan in the said Bay of Fundy, are claimed by the United States, as being comprehended within their aforesaid boundaries, which said islands are claimed as belonging to his Britannic Majesty, as having been at the time of, and previous to, the aforesaid treaty of 1783, within the limits of the province of Nova Scotia ;-in order, therefore, finally to decide upon these claims, it is agreed that they shall be referred to two commissioners, to be appointed in the following manner, viz.-one commissioner shall be appointed by his Britannic Majesty, and one by the President of the United States, by and with the advice and consent of the senate thereof; and the said two commissioners, so appointed, shall be sworn impartially to examine and decide upon the said claims, according to such evidence as shall be laid before them on the part of his Britannic Majesty and of the United States respectively. The said commissioners shall meet at St. Andrews, in the province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shall, by a declaration or report under their hands and seals, decide to which of the two contracting parties the several islands aforesaid do respectively belong, in couformity with the true intent of the said treaty of peace of 1783: and if the said commissioners shall agree in their decision, both parties shall consider sueh decision as final and conclusive.

"It is further agreed, that in the event of the two commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said commissioners refusing or declining, or wilfully omitting to act as such, they shall make, jointly or separately, report or reports, as well to the government of his Britannic Majesty as to that of the United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, declined, or omitted to act. And his Britannic Majesty and the government of the United States hereby agree to refer the report or reports of the said commissioners to some friendly sovereign or state; to be then named for that purpose, and who shall be requested to decide on the differences which may be stated in the said report or reports, or upon the report of one commissioner, together

with the grounds upon which the other commis- BOOK XIII. sioner shall have refused, declined, or omitted to act, as the case may be. And if the commissioner CHAP. XI. so refusing, declining, or omitting to act, shall 1815. also wilfully omit to state the grounds upon which he has so done, in such manner that the said statement may be referred to such friendly sovereign or state, together with the report of such other commissioner, that such sovereign or state shall decide, ex parte, upon the said report alone; and his Britannic Majesty and the government of the United States engage to consider the decision of such friendly sovereign or state to be final and conclusive on all the matters so referred.

Art. V." Whereas neither that point of the highlands lying due-north from the source of the river St. Croix, designated in the former treaty of peace between the two powers as the northwest angle of Nova Scotia, nor the north-westernmost head of Connecticut river, have yet been ascertained; and whereas that part of the boundary line between the dominions of the two powers, which extends from the source of the river St. Croix, directly north to the above-mentioned north-west angle of Nova Scotia, thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean to the north-westernmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude, thence by a line due-west on said latitude until it strikes the river Iroquois or Cataraguy, has not yet been surveyed, it is agreed that for these several purposes two commissioners shall be appointed, sworn, and authorised, to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in the present article. The said commissioners shall meet at St. Andrews, in the province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shall have power to ascertain and determine the points above-mentioned, in conformity with the provisions of the said treaty of peace of 1783; and shall cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois or Cataraguy to be surveyed and marked according to the said provisions; the said commissioners shall make a map of the said boundary, and annex to it a declaration, under their hands and seals, certifying it to be a true map of the said boundary, and particularizing the latitude and longitude of the north-west angle of Nova Scotia, of the north-westernmost head of Connecticut river, and of such other points of the said boundary as they may deem proper: and both parties agree to consider such map and declaration as finally and conclusively fixing the said boundary.

BOOK XIII. And in the event of the said two commissioners differing, or both, or either of them, refusing, CHAP. XI. declining, or wilfully omitting to act, such reports, declarations, or statements, shall be made 1815. by them, or either of them, and such reference to a friendly sovereign or state shall be made in all respects, as in the latter part of the fourth article is contained, and in as full a manner as if the same was herein repeated.

Art. VI. "Whereas, by the former treaty of peace, that portion of the boundary of the United States from the point where the 45th degree of north latitude strikes the river Iroquois or Cataraguy, to the Lake Superior, was declared to be ❝along the middle of said river into Lake Ontario, through the middle of said lake, until it strikes the communication by water between that lake and Lake Erie, thence along the middle of said communication into Lake Erie, through the middle of said lake, until it arrives at the water communication into the Lake Huron, thence through the middle of said lake to the water communication between that lake and Lake Superior;" and whereas doubts have arisen what was the middle of the said river, lakes, and water communications, and whether certain islands lying in the same were within the dominions of his Britannic Majesty or of the United States. In order, therefore, finally to decide these doubts, they shall be referred to two commissioners, to be appointed, sworn, and authorised to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in this present article. The said commissioners shall meet, in the first instance, at Albany, in the State of New York, and shall have power to adjourn to such other place or places as they shall think fit.. The said commissioners shall, by a report or declaration, under their hands and seals, designate the boundary through the said river, lakes, and water communicatious, and decide to which of the two contracting parties the several islands lying within the said rivers, lakes, and water communications, do respectively belong, in conformity with the true intent of the said treaty of 1783. And both parties agree to consider such designation and decision as final and conclusive. And in the event of the said two commissioners differing, or both or either of them refusing, declining, or wilfully omitting to act, such reports, declarations, or statements, shall be made by them, or either of them, and such reference to a friendly sovereign or state shall be made, in all respects, as in the latter part of the fourth article is contained, and in as full a manner as if the same was herein repeated.

Art. VII." It is further agreed, that the said two last-mentioned commissioners, after they shall have executed the duties assigned to them in the

preceding article, shall be, and they are hereby authorised, upon their oaths, impartially to fix and determine, according to the true intent of the said treaty of peace of 1783, that part of the boundary between the dominions of the twe powers, which extends from the water communication between Lake Huron and Lake Superior, to the most north-western point of the Lake of the Woods; to decide to which of the two parties the several islands lying in the lakes, water communications, and rivers forming the said boundary, do respectively belong, in conformity with the true intent of the said treaty of peace of 1783, and to cause such parts of the said boundary as require it to be surveyed and marked. The said commissioners shall, by a report or declara tion, under their hands and seals, designate the boundary aforesaid, state their decision on the points thus referred to them, and particularize the latitude and longitude of the most north-western point of the Lake of the Woods, and of such other parts of the said boundary as they may deem proper. And both parties agree to consider such designation and decision as final and conclusive. And in the event of the said two commissioners differing, or both, or either of them, refusing, declining, or wilfully omitting to act, such reports, declarations, or statements, shall be made by them, or either of them, and such refer ence to a friendly sovereign or state shall be made in all respects as in the latter part of the fourth article is contained, and in as full a manner as if the same was herein repeated.

Art. VIII. "The several boards of two commissioners, mentioned in the four preceding arti cles, shall respectively have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. Duplicates of all their respective reports, declarations, statements, and decisions, and of their accounts, and of the journal of their proeedings, shall be delivered by them to the agents of his Britannic Majesty, and to the agents of the United States, who may be respectively appointed and authorised to manage the business on behalf of their respective governments. The said commissioners shall be respectively paid in such manner as shall be agreed between the two contracting parties, such agreement being to be settled at the time of the exchange of the ratifications of the treaty. And all other expenses attending the said commissions shall be defrayed equally by the two parties. And in the case of death, sickness, resignation, or necessary abscence, the place of every such com missioner respectively shall be supplied in the same manner as such commissioner was first appointed, and the new commissioner shall take the same oath or affirmation, and do the same duties.

"It is further agreed between the two contracting parties, that in case of any of the islands men

tioned in any of the preceding articles which were in the possession of one of the parties prior to the commencement of the present war between the two countries, should, by the decision of any of the boards of commissioners aforesaid, or of the sovereign or state so referred to as in the four next preceding articles contained, fall within the dominions of the other party, all grants of land made previous to the commencement of the war by the party having had such possession, shall be as valid as if such island or islands had, by such decision or decisions, been adjudged to be within the dominions of the party having had such possession.

Art. IX." The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war at the time of such ratification, and forthwith to restore to such tribes or nations respectively, all the possessions, rights, and privileges which they may have enjoyed or been entitled to in 1811, previous to such hostilities. Provided always, that such tribes or nations shall agree to desist from all hostilities against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly.

"And his Britannic Majesty engages, on his part, to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations, of Indians with whom he may be at war at the time of such ratification, and forthwith to restore to such tribes or nations respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to in 1811, previous to such hostilities. Provided always, that such tribes or nations shall agree to desist from all hostilities against his Britannic Majesty and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly.

Art. X.-"Whereas the traffic in slaves is irreconcileable with the principles of humanity and justice, and whereas both his majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeavours to accomplish so desirable an object.

Art. XI." This treaty, when the same shall have been ratified on both sides, without alteration by either of the contracting parties, and the ratifications mutually exchanged, shall be binding on both parties; and the ratifications shall be exchanged at Washington, in the space of four

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A treaty between Major-general Jackson and the Creek Indians, by which the war of the latter against the United States had been terminated in August, 1814, was ratified by the president and senate on the 16th of February. By the first of its articles the Creeks cede to the United States all the land belonging to them within the territories of the states lying west, south, and southeasterly of a certain line, to be drawn by persons appointed by the president, renewing, however, a certain portion of land as a settlement to every warrior of the Creeks who took an active part in favor of the United States in the late war. The Creeks are also required to abstain from all intercourse with any British or Spanish port or town; and other articles are added, denoting the sepa rate condition to which they were reduced by the hostilities exercised against them.

We shall now close this chapter with the following strictures on the treaty of Ghent, from the work of a late British traveller in the United States and Canada.

There has never been a state paper of such vast importance to this country, says he, as the treaty of Ghent. It will be proper therefore, to take a review of what may justly be termed one of the most unfortunate acts of diplomacy in which Great Britain ever engaged.

When the hostile incursions of the Americans into Canada furnished a practical illustration of the necessity of changing the frontier, in order to maintain its secure enjoyment of tranquillity, many persons confidently expected that Britain, having closed her European contest, would have immediately directed her principal disposable force towards that point, and attempted at least to reduce some of the enemy's settlements on the lakes; and in the event of peace, insist on the cession of the whole opposite coast. These hopes, almost universal, cheered the Upper Canadians, amid the terrors and desolations of war, animating them to a vigorous resistance, at a period when the small number of regular troops caused the duty of defending the frontier to devolve chiefly

CHAP. XI.

1815.

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